License agreement for SSH
Secure Shell SSH Communications Security Corp
SSH(R) Secure Shell(TM) License Agreement

SSH COMMUNICATIONS SECURITY CORP ("SSH") IS WILLING TO LICENSE THE SSH
SECURE SHELL 2.4 SOFTWARE AND ACCOMPANYING DOCUMENTATION
(COLLECTIVELY, "SOFTWARE") UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THESE
TERMS CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE,
YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
SSH IS UNWILLING TO LICENSE THE SOFTWARE TO YOU ("YOU"), 
AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE.

TYPES OF LICENSES

In order to install and use the Software, You must obtain one of the
following three types of licenses: (1) Non-Commercial Use License, (2)
Evaluation for Commercial Use License, or (3) Commercial Use License.
To qualify for a Non-Commercial Use License, You must: (1) use the
Software solely on a system under the Linux, FreeBSD, NetBSD, or
OpenBSD operating system (whether for commercial or non-commercial
use), or 2) use the Software for non-commercial purposes as defined
herein and be a Non-Commercial Entity as defined herein, or (3) be an
Excluded Contractor as defined herein.

The term "Non-Commercial Entity" is limited to the following: universities
or other educational institutions (such as pre-schools, elementary
schools, middle or junior high schools, high schools, and community or
junior colleges), non-profit organizations (such as public libraries,
charities, and other organizations created for the promotion of social
welfare), "Education Affiliated Users," and individual users who use the
Software for personal use (such as connecting to an Internet Service
Provider for personal use, hobby, recreational,, or educational purposes).
The term "Education Affiliated Users" is limited to students, faculty
members, researchers, administrators, support staff, and employees of a
university or other educational institution. The term "Excluded
Contractor" is limited to independent, solo contractors while performing
work for a Non-commercial Entity, such as a university or other
educational institution in an individual capacity. If You qualify for a
Non-Commercial Use License, You may use the Software free of charge.

If You do not qualify for a Non-Commercial Use License, then You may
obtain either an Evaluation for Commercial Use License or a Commercial
Use License.

If You would like to try using the Software before purchasing a
Commercial Use License, then You may wish to obtain an Evaluation for
Commercial Use License. This will allow You to use the Software for free
for a period of up to thirty (30) days ("Free Trial Period"). After expiration
of the Free Trial Period, if You want to continue using the Software, then
You must purchase a Commercial Use License.

If You do not qualify for a Non-Commercial Use License or if the Free
Trial Period has expired and You want to use or continue using the
Software, You must purchase a Commercial Use License.

GRANT OF LICENSE

You may use the Software only under one of the following three types of
licenses at any time:

1. EVALUATION FOR COMMERCIAL USE LICENSE

Provided that You have selected an Evaluation for Commercial Use
License, and subject to the terms and conditions contained herein, SSH
hereby grants to You, an end user, for a period not to exceed thirty (30)
days from the date on which You first start using the Software
("Evaluation Period") a non-transferable, non-exclusive,
non-sublicensable license, free of charge, to install and use the Software
for the sole purpose of internally evaluating the Software for potential
commercial uses. In addition, subject to the terms and conditions
contained herein and until expiration of the Evaluation Period, SSH
hereby grants to You, an end user, a non-transferable, non-exclusive,
non-sublicensable license, free of charge, to: (1) modify and make
derivative works (such as software patches, bug fixes, or the creation of
additional features) of the Software, and (2) to make copies of the
Software as necessary to make such modifications and derivative works,
all for the sole purpose of internally evaluating the Software and any
modifications and derivative works thereto for potential commercial uses,
provided that You hereby grant to SSH a royalty-free, non-exclusive,
irrevocable, worldwide, perpetual right to use, copy, modify, make
derivative works of, market, sell, distribute, integrate, license and
sublicense the modifications and derivative works that You create. Any
use of the Software beyond the Evaluation Period requires payment of
license fee(s) unless You qualify for a Non-Commercial Use License.
You agree that on or before the end of the Evaluation Period, You will
either pay the required license fee(s) for a Commercial Use License or
obtain a Non-Commercial Use License (if eligible), or cease using the
Software, destroy any copies that you have made, and remove the
Software from your computers.

2. COMMERCIAL USE LICENSE

Provided that You have selected and paid the required license fee(s) for a
Commercial Use License, and subject to the terms and conditions
contained herein, SSH hereby grants to You, an end user, a
non-transferable, non-exclusive, non-sublicensable license to install and
use the Software for commercial purposes only on the number of
computers paid for by You. In addition, subject to the terms and
conditions contained herein and provided You have paid the required
license fee(s), SSH hereby grants to You, an end user, a
non-transferable, non-exclusive, non-sublicensable license, free of
charge, to: (1) modify and make derivative works (such as software
patches, bug fixes, or the creation of additional features) of the Software,
and (2) to only make copies of the Software as necessary to make such
modifications and derivative works, all for commercial purposes only on
the number of computers paid for by You, provided that You hereby grant
to SSH a royalty-free, non-exclusive, irrevocable, worldwide, perpetual
right to use, copy, modify, make derivative works of, market, sell,
distribute, integrate, license and sublicense the modifications and
derivative works that You create. You must pay SSH the appropriate
license fee(s) for the Software in a manner acceptable to SSH as
specified on SSH's website located at http://www.ssh.com. SSH does
not charge license fees for use or bundling or distribution of only the
respective UNIX versions of the Software solely with the following
operating systems: Linux, NetBSD, FreeBSD and OpenBSD. In order to
distribute the Software with the above-mentioned operating systems, You
must enter into a separate agreement with SSH. Also, bundling or
distribution with hardware products or commercial software products
(other than the above mentioned operating system distributions) requires
a distribution license which includes license fees for such distribution.
Please contact the Director of Business Development at SSH
Communications Security, Inc., 1076 East Meadow Circle, Palo Alto, CA
94303 or busdev@ssh.com. for additional details. You agree that upon
termination of your Commercial Use License, You will cease using the
Software, destroy any copies that you have made, and remove the
Software from your computers.

3. NON-COMMERCIAL USE LICENSE

Provided that You have selected and qualify for a Non-Commercial Use
License as specified above, and subject to the terms and conditions
contained herein, SSH hereby grants to You, an end user, a personal,
non-transferable, non-exclusive, non-sublicensable license to install and
use the Software, free of charge, for non-commercial purposes only but if
you are an Excluded Contractor (as defined above), for commercial and
non-commercial purposes. In addition, subject to the terms and
conditions contained herein and provided that You meet the requirement
specified above for a Non-Commercial Use License, SSH hereby grants
to You, an end user, a non-transferable, non-exclusive,
non-sublicensable license, free of charge, to: (1) modify and make
derivative works (such as software patches, bug fixes, or the creation of
additional features) of the Software, and (2) to make copies of the
Software as necessary to make such modifications and derivative works,
all for non-commercial purposes only but if you are an Excluded
Contractor, for commercial and non-commercial purposes, provided that
You hereby grant to SSH a royalty-free, non-exclusive, irrevocable,
worldwide, perpetual right to use, copy, modify, make derivative works of,
market, sell, distribute, integrate, license and sublicense the
modifications and derivative works that You create.
For the avoidance of doubt, the following are considered examples of
commercial uses of the Software, unless you are using the Software
solely at a Non-Commercial Entity, or as an Excluded Contractor, as
defined above:

(1) use at or for a commercial enterprise;

(2) use for financial gain, personal or otherwise;

(3) use by government agencies;

(4) use by a telecommunication or Internet service provider company;

(5) use at home or while traveling for work for which You will be paid;

(6) use in connection with administering a commercial web site;

(7) use in connection with the provision of professional services for which
You are compensated (including paid system administration); and

(8) bundling or integrating the Software with any hardware product or
another software product for commercial purposes (However, please note
that you may bundle or distribute the Software with certain operating
systems as specified above).

SSH and/or its licensors reserve all rights not expressly granted to You
herein. This license is not a sale of the Software or any copy of the
Software. The Software contains valuable trade secrets of SSH and its
licensors. All worldwide ownership of and all rights, titles and interests in
and to the Software, and all copies and portions of the Software,
including without limitation, all intellectual property rights therein and
thereto, are and will remain exclusively with SSH. The Software is
protected, among other ways, by the copyright laws of the United States
and international copyright treaties. All rights not expressly granted
herein are retained by SSH and its licensors.

USE RESTRICTIONS

You may not:

(i) use the Software, except under the terms listed above;

(ii) modify, translate, reverse engineer, decompile, disassemble or
otherwise attempt to reconstruct or discover the source code from the
binaries of the Software, except to the extent applicable laws specifically
prohibit such restriction and except that You may create patches, bug
fixes or additional features and bundle or distribute the Software with
certain operating systems as specified above;

(iii) create derivative works based on the Software for commercial
purposes (e.g. incorporating the Software in a commercial product or
service without a proper license), except that You may create patches,
bug fixes or additional features and bundle or distribute the Software with
certain operating systems as specified above.

(iv) copy the Software (except for emergency or back-up purposes and
licenses for multiple users), except as otherwise specified herein;

(v) rent, lease, sublicense, convey, distribute or otherwise transfer rights
to the Software; or

(vi) remove any product identification, copyright, proprietary notices or
labels from the Software.

(viii) use any SSH trademarks in any manner other than their presence
within Your copy of the Software without written permission of SSH.

Any and all copies made by You as permitted hereunder must contain all
of the original Software's copyright, trademark and other proprietary
notices and marks.

MAINTENANCE, SUPPORT AND UPDATES

SSH is under no obligation to maintain or support or update the Software
in any way, or to provide updates or error corrections. Subject to the
terms and conditions herein and provided that You have paid any
applicable license and other fee(s), if You are a Commercial Use
licensee, You will receive software updates (as SSH, in its sole
discretion, releases from time to time), technical support via email,
phone, and the web for certain time periods set by SSH. For further
information, go to http://www.ssh.com/support.

CONFIDENTIALITY

The Software and any license authorization codes are confidential and
proprietary information of SSH. You agree to take adequate steps to
protect the Software and any license authorization codes, if any, from
unauthorized disclosure or use. You agree that You will not disclose the
Software, in source code or object code form, to any third party, except
as otherwise provided herein.

WARRANTY

SSH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY
WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE,
CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE
FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS
PROVIDED "AS IS" AND THAT SSH DOES NOT WARRANT THAT THE
SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE NOR
THAT THE SOFTWARE WILL OPERATE WITH HARDWARE AND/OR
SOFTWARE NOT PROVIDED BY SSH. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE
AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE.

LIMITED LIABILITY

THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES
WILL SSH OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER
BASED ON CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF
OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS
AGREEMENT, EVEN IF SSH OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH
DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH
LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO,
DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF
DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT
WILL SSH OR ITS LICENSORS BE LIABLE FOR THE COSTS OF
PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. IN
ADDITION, IN NO EVENT WILL THE TOTAL LIABILITY OF SSH IN
CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE
EXCEED THE ACTUAL AMOUNT PAID TO SSH, IF ANY, FOR THE
SOFTWARE GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE
THAT THIS SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE
IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
CONTROL, OR LIFE-CRITICAL APPLICATIONS. SSH EXPRESSLY
DISCLAIMS ANY LIABILITY RESULTING FROM USE OF THE
SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY
ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN
ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS
BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
"LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH
THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY
RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS
OF HUMAN LIFE.

TERMINATION

This Agreement will terminate immediately and automatically without
notice if You breach any provision in this Agreement. Upon termination
You will remove all copies of the Software or any part of the Software
from any and all computer storage devices and destroy the Software. At
SSH's request, You or your authorized signatory, will certify in writing to
SSH that all complete and partial copies of the Software have been
destroyed and that none remain in your possession or under your
control. The provisions of this Agreement, except for the license grant
and warranty, will survive termination.

U.S. GOVERNMENT RIGHTS

If You use the Software by or for any unit or agency of the United States
Government, this provision applies. The Software shall be classified as
"commercial computer software", as that term is defined in the Federal
Acquisition Regulation (the "FAR") and its supplements. SSH represents
that the Software was developed entirely at private expense, that no part
of the Software was first produced in the performance of a Government
contract, and that no part of the Software is in the public domain. (1) If
the Software is supplied for use by DoD, the Software is delivered subject
to the terms of this license agreement and either (i) in accordance with
DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in
accordance with DFARS 252.227-7013(c)(1)(ii) (OCT 1988), as
applicable. (2) If the Software is supplied for use by a Federal agency
other than DoD, the Software is restricted computer software delivered
subject to the terms of this license agreement and (i) FAR 12.212(a); (ii)
FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable.

RESTRICTED RIGHTS

Use, duplication, or disclosure by the U.S. Government is subject to
restrictions set forth in this agreement and as provided in DFARS
227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii)
(OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14
(ALT III), as applicable. SSH Communications Security, Inc., 1076 East
Meadow Circle, Palo Alto, California 94303, USA.

EXPORT LAW

You acknowledge and agree that the Software may be subject to
restrictions and controls imposed by the United States Export
Administration Act (the "Act") and the regulations thereunder. You agree
and certify that neither the Software nor any direct product thereof is
being or will be acquired, shipped, transferred, or reexported, directly or
indirectly, into any country, except pursuant to an export control license
under the Act and the regulations thereunder, or will be used for any
purpose prohibited by the same. By using the Software, You are
acknowledging and agreeing to the foregoing, and You are representing
and warranting that You will comply with all of the United States and
other applicable country laws and regulations when either exporting or
re-exporting or importing the Software or any underlying information
technology. Further, You represent and warrant that You are not a
national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or a party
listed in the U.S. Table of Denial Orders or U.S. Treasury Department's
list of Specially Designated Nationals.

GOVERNING LAW

This Agreement is governed by the laws of the State of California without
regard to conflict of laws rules and principles. Application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded.

MISCELLANEOUS

If any provision hereof shall be held illegal, invalid or unenforceable, in
whole or in part, such provision shall be modified to the minimum extent
necessary to make it legal, valid and enforceable, and the legality,
validity and enforceability of all other provisions of this Agreement shall
not be affected thereby. No delay or failure by either party to exercise or
enforce at any time any right or provision hereof shall be considered a
waiver thereof or of such party's right thereafter to exercise or enforce
each and every right and provision of this Agreement. This Agreement will
bind and inure to the benefit of each party's permitted successors and
assigns. You may not assign this Agreement in whole or in part, without
SSH's prior written consent. Any attempt to assign this Agreement
without such consent will be null and void. This Agreement is the
complete and exclusive statement between You and SSH relating to the
subject matter hereof and supersedes all prior oral and written and all
contemporaneous oral negotiations, commitments and understandings of
the parties, if any. In the case of any conflict between the terms of this
Agreement and the provisions of any purchase order for the Software, the
terms of this Agreement shall control.